If you suffered a herniated disc in an accident caused by another party’s negligence, you could be entitled to financial compensation. Injuries such as herniated discs are often very debilitating. The pain may be so severe that you cannot work or participate in hobbies you once enjoyed.
Like many of our clients, you likely want to know: What is the average settlement for a herniated disc in Texas? Unfortunately, herniated disc settlements in Texas will differ, making it impossible to provide an accurate range.
Contact an experienced Texas personal injury lawyer at Fadduol, Cluff, Hardy & Conway, P.C, (FCHC) to learn what your case is worth.
How Much of a Settlement to Expect for a Herniated Disc in Texas?
To determine your potential settlement value, we look at various factors at play in your overall case.
Every accident is different, which is why we cannot provide an average range. You might have one victim with a mild herniation that resolves on its own and another person who needs cervical neck fusion surgery.
The potential settlement amount for a herniated C5 and C6 disc in Texas will likely be significantly higher for the second victim. Thus, the average settlement for a herniated disc in a car accident in Texas is impossible to determine without a thorough analysis of factors involved in your accident and resulting injuries.
What Factors Influence a Herniated Disc Settlement in Texas?
Some of the most significant factors that impact your claim value include:
- Accident circumstances,
- Injury severity,
- Total damages, and
- Amount of coverage.
The circumstances surrounding your claim are important. Were you involved in a car accident, slip and fall, defective product claim, etc.? For example, even a seemingly minor accident involving a large commercial truck could be more severe than an accident involving two passenger vehicles.
The severity of your injuries is a crucial factor and directly impacts your herniated disc settlement value. Just like accidents differ, so do injuries. No two herniated discs are exactly alike.
The severity of your injury will impact your potential settlement value because someone with more severe injuries may be entitled to receive additional compensation.
Insurance companies look at your total amount of damages when determining a value.
Your damages can be divided into two main categories—special and general damages. Special damages include things such as medical expenses, lost wages, property damages, etc. General damages are more subjective. There is no corresponding financial loss as you have with medical costs or lost wages.
Damages such as physical pain and suffering, emotional anguish, loss of consortium, etc., make up your general damages. Someone with a severe herniation and long-term disability will have a greater general damages total than someone with a mild herniation.
Liability in a personal injury claim is also a significant factor in determining a herniated disc settlement in Texas. You can have two people with very similar injuries and damages but very different results.
Texas is a modified comparative negligence state. That means if you are partially at fault, you might still be able to collect a portion of your damages. However, if you are more than 50% at fault, you will collect nothing.
For example, if a jury finds you 10% at fault, you could collect 90% of your damages. But if you are 51% at fault, you will collect nothing.
The amount of available insurance coverage also impacts your claim. You can have $100,000 in damages, but if the at-fault driver only has $50,000 in liability coverage, you won’t be able to collect the total amount of your claim unless there are other negligent parties or you try to sue the other driver personally.
Do Online Herniated Disc Settlement Calculators in Texas Work?
Some people are tempted to use an online herniated disc settlement calculator to compute their case value. However, these are not necessarily accurate because they cannot factor in the subjective elements that make up your claim value.
They cannot factor in your pain and suffering, punitive damages, etc. Do not be surprised to find that your case resolves for a completely different amount than the calculator suggests. The best way to determine your case value is to speak with an experienced attorney.
Why You Need to File an Injury Claim Quickly
Filing a claim quickly and retaining a skilled Texas personal injury lawyer are two crucial steps in getting compensated for your damages.
First, you want to file a claim quickly to start the investigation and to preserve evidence. The longer you wait to report an accident, the harder it could be to collect evidence and track down witnesses.
Once you report the claim, it’s wise to contact an attorney right away. Don’t assume that getting an attorney at the beginning of your claim is a bad thing. The sooner you hire an attorney, the sooner we can protect your rights.
The other party’s insurance company will want to speak to you and get you to give a recorded statement. Their goal is to get you to say something incriminating. No matter what they tell you, they are not on your side. They are looking for any way to reduce or eliminate their payout.
If you inadvertently say something that indicates you share fault in the accident, they will use that to increase your percentage of responsibility. Their goal is to find you more than 50% at fault, so they do not have to pay you any damages.
Contact a Texas Personal Injury Lawyer
Determining a herniated disc settlement value can be complicated. You don’t need to attempt to handle your injury claim on your own. Instead, speak with a skilled lawyer who has experience with these types of cases.
Our firm has nearly four decades of experience assisting injured clients just like you. If necessary, we aren’t afraid to take a case to trial, and we have successfully litigated cases against multi-billion dollar corporate defendants.
Contact FCHC to schedule an initial meeting. We offer free, no-obligation consultations, so you have nothing to lose by meeting with us. Our number one priority is to protect your rights. Let us help you fight for the compensation you deserve after suffering a herniated disc due to someone else’s negligence.